Facts
The Public Prosecutor's Office in Offenburg is conducting a criminal investigation into alleged property offences in connection with the promise of fictitious prize winnings. On 4 June 2003, it requested legal assistance from the Swiss authorities. The Public Prosecutor's Office in Basel-City took up the request and, among other things, ordered a search of the premises of the company [X. AG] , where various business documents were seized. The Public Prosecutor's Office in Basel-City informed the company [X. AG] that German investigative officers were to be involved in the examination of the seized documents. The company [X. AG] filed a complaint against this order, which was dismissed as inadmissible by the Criminal Court of Basel-City. The company [X. AG] appealed this non-consideration decision to the Federal Supreme Court by way of an administrative appeal.
Considerations
The Federal Supreme Court dismisses the appeal. It states that the involvement of foreign investigative officers in the triage of the seized documents is generally permissible in order to exclude irrelevant documents and thus ensure proportionate legal assistance. The company [X. AG] has not presented any concrete indications of a direct and irreparable disadvantage from the involvement of German officers. Nor is the mere fear of a misuse of the information for tax offences sufficient, as any legal assistance would be subject to the specialty reservation. Furthermore, the Public Prosecutor's Office in Basel-City has ordered that the German officers must commit in writing to use the information they have become aware of only after the final approval…